Bicycle Accidents – Bairdford, PA 15006
Bike mishaps can lead to major and sometimes fatal injuries. Lawsuits to recover damages for injuries in bicycle mishaps with vehicles include much of the very same problems as any automobile mishap lawsuit. Liability for bike mishap injuries often comes down to negligence– whether the vehicle motorist’s negligence triggered the bicyclist’s injuries, and whether any negligence by the cyclist triggered or contributed to the accident.
Bike Mishap Liability Fundamentals
Bicyclists and drivers are bound to follow the rules of the road. These rules include traffic laws, in addition to the task to work out common care in regards to one’s own safety and that of others on the roads. Like other vehicle accident suits, bike accident suits are governed by state law, and typically informed by state and regional traffic laws.
Negligence and Bicycle Accidents in Bairdford, Pennsylvania
When a cyclist takes legal action against to recuperate damages for injuries suffered in a mishap with a car, the outcome typically depends upon two questions:
- Did negligence (or recklessness) on the part of the driver cause the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the accident?
Driver Negligence or Recklessness
Negligence by a driver can take lots of kinds. For example, speeding, running a stop sign, and drifting into a bike lane all make up driver negligence, or perhaps recklessness if done with understanding disregard for the security of others.
In a claim alleging negligence by another person, complainants usually must show that the defendant acted in a way that broke a task owed to the plaintiff. In auto mishap cases, this indicates breaching the fundamental duty of care owed to everybody else on or near the highways.
Accident lawsuits boil down to facts specific to the individual case, and frequently the capability of the plaintiff to prove negligence through eyewitness testament or other proof. In automobile mishap cases, nevertheless, habits which constitute traffic violations can constitute “negligence per se.” This means that if a motorist was cited for an infraction such as speeding at the time of the accident, evidence of the speeding infraction counts as proof of negligence. The concern then moves to the accused to prove that he or she didn’t trigger the plaintiff’s injuries.
Cyclist Negligence – Bairdford, Pennsylvania 15006
Whether a bicyclist takes legal action against a driver, or a cyclist is sued for causing someone else injury, cyclist negligence can figure out the result of the suit. Examples of bicycle rider negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Negligent cyclists may be unable to recuperate damages for injuries they suffer in accidents including vehicles. Such negligence is called contributory or relative negligence, indicating that the cyclist’s negligence, at least in part, caused the accident to occur, and therefore caused at least some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to another person, the bicyclist might be held responsible for that individual’s injuries.
In accident cases involving kids on bikes, courts hold motorists to a higher standard. See specifics on kid bike mishap liability for more information.
Get Your Legal Claim Evaluated for Free
Accidents including cars and bikes can involve major injuries and big liabilities. Bike accident lawsuits frequently boil down to whether the motorist or the cyclist negligently triggered or contributed to the accident. This negligence decision can be a complex and need extensive analysis. If you or a loved one has been in a bike mishap, you ought to talk to a lawyer to best secure your rights. You can have a knowledgeable law firm assess the benefits of your claim free of charge.